Popular Features

Reports of Cases Argued and Adjudged in the Courts of King's Bench and Common Pleas; In the Reigns of the Late King William, Queen Anne, King George the First, and King George the Second. [1694-1732] Volume 2

Description

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1792 edition. Excerpt: ...capias. And the defendants demurred. Several exceptions were infifted on by Mr. Pengelly. Firib That the plaintiff in his over ought to have Anirrezulsr, ., '. ', v-i capias ad fatis-'et out what term the recognizance was of, that it might faciendum sfuf-appear to be the fame with that upon which the feire facias ficitm to war-is grounded but as. this is fet out without any term, it w"A" does not aPPear to be the fame. But to this the chief juftice R. ace. -me faid, that this was an imperfect oyer not being the whole re1096. cordy but then the defendant ihould have infifted upon want of oyer, and not have gone om But it is no variance. The wordi " theprifonofourMarflialfca," in a recognizance of bail in the king's bench, (hall taken to mean the king's bench prifon. nd fo they (h il in the breach in an action upon Tuch recognizance. R. ace. ante 804. for what isfet out agrees well enough with the recognizance Ball upon which the feire facias is grou: ided. mamicaptors rf v RusIkl. Secondly, That it appeared by the capias fet out in the replicarion, that there were but five days between the tcsse and return of it; whereas every capias fued out againft the principal in order to charge the bail, ought to have eight jys between the tesse and return, and (a) ought to Ire four (-) Acc. Salic, days in the flierifF's office. Which the court agreed, but faid 599that it was only 1 irregularity in proceeding, and therefore the defendants fhould have moved the court to have them fet afide for the irregularity. But in point of law the chief juftice faid, procefs in the courj may be made returnable de die Indien, efpecially procefs which goes into Middlefex...show more